IPOH, Nov 24 — Perak’s Public Account Committee (PAC) does not have the executive power to become a legislative body to conduct a public hearing, state Opposition leader Datuk Saarani Mohamad said today.
This comes as a letter was sent to former Perak mentri besar Datuk Seri Zambry Abd Kadir and the former chief executive of MB Incorporated Datuk Aminudin Hashim requesting them to attend a public hearing to give statement over the MB Inc account.
“If we look at the standing orders and the laws of the state constitution, there is not a single word which gives power to PAC to hold the public hearing.
“The decision to conduct the public hearing shows that PAC’s decision is ultra vires and such thing has never been done in any state assemblies or even in the Parliament,” he told reporters.
The Kota Tampan assemblyman points out that PAC has the power to conduct investigations on any government agencies, institutions or departments if there is an issue, but can’t hold a public hearing.
“Once an investigation is conducted, normally through the audit firm, the outcome of the investigation would allow PAC to call any individual who they think are responsible on the issue for a hearing.
“The individuals are called to give statements or explain on the outcome of the investigation in front of the PAC members only. After recording the statement, they need to submit both the report of the investigation and the individual’s statement to the state assembly and also suggest what action can be taken,” he explained
“This is what PAC should and can do, they don’t have the power to conduct a public hearing like a public court. They can’t call public to the hearing, this is not a court,” he added.
Saarani also said there is no specific charges mentioned in the letter against the Pangkor assemblyman or what has happened in the institution that needed to have a public hearing.
“If we look how PAC is practiced in Parliament and also in the Commonwealth countries, the committee need to have a strong basis before summoning an assemblyman for hearing.
“However, in this case, PAC is yet to start an investigation over MB Inc. In fact, in their meeting on November 15, they only proposed four legal firms who can conduct the quotation, but yet to appoint one. How can you call an assemblyman for hearing when is there is no investigation conducted at all,” he asked.
Instead of conducting an investigation, Saarani said PAC had ordered Zambry to bring the audit report of MB Inc and other documents.
“If you want to call an individual for a public hearing, you should show the evidence of wrongdoing or fraud, not asking the individual to show evidence.
“Furthermore, Zambry is no longer the mentri besar and he is not the chairman of MB Inc anymore. How could he have the audit reports or documents. If it is true, he has the report and documents, then he could be charged under the Official Secret Act,” he added.
However, Saarani said Zambry will heed to the letter and attend the hearing only if it is conducted in a closed door, without involving the public.
“He will not attend the public hearing because it is wrong. But if the hearing is among the PAC members, he will surely attend,” he said.
“And PAC could not take action on him if he did not attend the public hearing as PAC can’t and don’t have the power to issue an arrest warrant like court, if someone failed to attend the proceeding,” he added.
Meanwhile, the committee chairman Leong Cheok Keng said that PAC is a committee set up by the state assembly in accordance with the provisions of the standing orders.
“It exercises powers granted by the standing orders and it regulates its own procedures.
“As such, we as a committee have made a decision to hold a public hearing. We will go on with the public hearing on November 26 without fear or favour,” he added.
Leong also that the public hearing itself is part of an investigation as Zambry was not called as a suspect or accuse, but merely as a witness.
